framed:-
"1. Whether the plaintiff is entitled to get possession by
partition of 1/2 share of the suit property i.e Kothi bearing ... facts from the Court? OPD
7. Whether suit is not maintainable being partial partition ?
OPD
8. Whether no cause of action has been arose
suit property has been partitioned on
the basis of a Family Partition Deed dated 29.06.2018; whereafter the
suit property has come into the share ... inter alia submitted by learned counsel for the petitioners
that partial partition is not maintainable. It is submitted that the Courts
below have failed
special costs? OPD
6. Whether the suit is bad for partial partition? OPD
7. Relief."
5. Issue Nos. 1 and 6 were decided against ... concluded that the suit of the plaintiff-appellant is not maintainable,
being a partial partition.
15. The argument of learned counsel for the plaintiff-appellant
deceased, and
and, therefore, the present suit was
bad for partial partition. It was submitted that this was a pure question of law
which could ... submissio
submission
n that the suit
is bad for "partial partition". Learned counsel for the appellant argued that the
plaintiff admitted in pleadings
suit, valuation, court fee, ouster, and partial partition, besides contesting
the claim on merits.
3. Upon completion of pleadings, the trial Court framed the
following ... following additional issues:
6. Whether the suit is for partial partition, if so, its effect?
OPD
7. Whether the suit is barred by the principle
this possession is in existence from the last 20 years.
The partition suit has already been filed by him is very
much admitted ... plaintiff has not added the other property of the village.
So, partial partition could not be allowed. Meaning
thereby as per the statement of plaintiff
hence the plaintiff-respondent
Nos.1 to 3 could not seek its partition. It was further averred that
Ramsaranchand had given a writing ... also alleged that the suit was bad for partial
partition as certain properties had not been included and also that the
defendant No.1-appellant
Jaswant Singh Through Lrs Etc vs Mohinder Singh Etc on 21 November, 2025
RSA-1599
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Neutral Citation No:=2025:PHHC:011969
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Neutral Citation No
